Pagadi brothers noc required

The landlord is right in asking for the NoCs of your 3 brothers. Also, your 3 brothers do have rigth in the tenancy rights of the property. If you want to get the name on the rent receipt transferred in your name you will have to do the needful.

Can you not resolve the issue by giving your brothers some share in terms of money ? You may be surprised that they nay even give you the NoC without asking for something. The reason for this belief of mine is that they have not disturbed you after your father death till date. But they may not be aware of the situation and hence may be quiet due to that reason.

In any case, the landlord cannot say no to your rent as you are paying on behalf of your father until the issu is resolved. You were staying with your father during his last days and it is an accepted principle that the people who were staying with the tenant during his last few days are entitled to the tenancy but of course with NoCs from other hiers who may claim their share to it. However, the landlord has to accept the rent even if it is under no prejudice to his rights and give you a receipt. If he doesn't accept you may send the cheques by registered post. And also do thake help of an expert/lawyer to help you resolve this issue.

S Jadhav

Jadhav Sir, Thanks, for replying.

Iam not asking for name change or the rent receipt to be issued on my name or transfer of tenancy. Still the owner is not accepting rent. He wants my road facing flat. He has come opposite to my flat on the first floor a year back and wants the whole first floor.

My brothers are asking me a hugh money which even in sale of the house I can not receive. The house value is 6 to 7 Lakh and they are asking 3 lakh each. Even after the sale of the house i may get only 60/40 share may fetch 3 lakhs they know how costly is rented flat today and iam not capable of buying a ownership flat. My Brothers are telling me in future this tenancy flat will becomes yours and as the prices of land is increases you need not have to worry.

I have already filed the case in Kalyan Court Honorable Judge: Mr. Jagdhalay. But I can see lot of cases pending for above 18 to 20 years Now the problem is how will i bear the Advocate expenses for 20 years every hearing my advocate asked me was 2000/- Rs and i agreed not knowing the case could go that long.

Mr. Samson Daniel,

As the landlord has stopped accepting rent from you and you have file the case, you are safe at least for 20 years.  Now you have not mentioned what case you have filed.  Further the landlord can not take your room because he already got one room in the building and residence room can not be taken back by the landlord on bonafide reason.  Further noc of your brothers is also not required because whosoever stays in the room becomes the tenant.  It is proverb

kasel tyachi jamin ann rahil tyachi jaaga

Therefore for 20 years you are safe.

further about the lawyer,  you have engaged the eminent successful lawyer therefore the lawyer is asking for rs.2k per standing.  Your winning chances are more.  Give legal fight.

I have filed a case on Tenancy Right just two months before in Kalyan Court.

What is the meaning 20 Years Iam safe please explain what after 20 Years?

I was worried and bothered about my Brothers Signature different view of different advocates two advocates simply rejected case for non accepting Rent by the owner as the owner did not ask rent and did not disconnect any of my normal amenities like water and electric.

But before any damage could be done I had approached Kalyan Court.

Thanks, Tripti Nagwekar please let me know what after 20 Years?

Mr. Samson Daniel,

You have not mentioned since how long your landlord has stopped accepting the rent from you.  If he has not collected the rent more than 3 months, you would be in trouble and just because of these reason 2 lawyers might have rejected your case.  Further you should have file the case under chapter 1 sect. 15(d) to transfer of tenancy right under ancestral.  This civil matter of pagadi disputes take at least 20 years in civil court to conclude and noboyd can tell who would be winner but at least the court would not tell you to go.  after 20 years even court tells you to go, then you file appeal in high court for 5 years.

Since March 2011 nearly 18 months but from the very second month I had served him a advocate notice on his refusal to accept rent and before the third month I had forwarded a money order and every month I did the same. Notices with Money order and sometimes with Cheque also. But all were returned this happened after my Father Death on 12/03/2011.

I had heard that if the owner files false complaints on me three times in police station I could get into trouble. How do I avoid him by doing this I had already written to all the head of police department about him troubling me and using abusive languages and threatening me with dire consequences if I approach the court. But now he is keeping quite after I approached the court.

lot of other disturbances someone is spitting on my door and even urinating I can not bear the smell.

I prefer to avoid going to the police station instead of taking action on the owner they are cross questioning me the owner being a born villager with all the politician support stands much stronger.

His father in-law was a politician Mr.Ratan Mahtre who was shot dead years back and now his brother in-law is again some rickshaw union leader. My owner’s relatives and friends are all having political background iam totally helpless.

BUT STILL IAM NOT GIVING UP I WILL HAVE TO STAND STRONG I HAVE NO OTHER PLACE TO GO.